The World Justice Project (WJP) has prepared the Rule of Law Index 2015, by surveying 102 countries of the world. India has been ranked at 59, which is behind Nepal (48) and Sri Lanka (58). The World Justice Project (WJP) is an independent, multidisciplinary organization working to advance the rule of law around the world. It is based in Washington DC, USA. This survey has been prepared after getting information from more than 100,000 household and expert surveys in 102 countries and jurisdictions.
The survey has been conducted on the basis of ranking these 102 countries on following 8 factors:
- Constraints on Government Powers Factor.
- Absence of Corruption Factor.
- Open Government Factor.
- Fundamental Rights Factor.
- Order and Security Factor.
- Regulatory Enforcement Factor.
- Civil Justice Factor.
- Criminal Justice.
India’s global ranking (out of 102 countries) on the basis of these individual factors is as under:
- Constraints on Government Powers Factor – 38/102.
- Absence of Corruption Factor – 68/102.
- Open Government Factor – 37/102.
- Fundamental Rights Factor – 61/102.
- Order and Security Factor – 90/102.
- Regulatory Enforcement Factor – 69/102.
- Civil Justice Factor – 88/102.
- Criminal Justice – 44/102.
As mentioned above, the overall global ranking of India in the Rule of Law Index is 59 out of a total of 102 countries. India’s low score is due to widely-held feelings of corruption, of effectiveness of civil justice system, the regulatory enforcement environment and the criminal justice system. Less than half of the persons surveyed in India showed faith in the ability to deliver justice in these systems.
Denmark, Norway, Sweden, Finland, Netherlands, New Zealand, Austria, Germany, Singapore and Australia occupy the first 10 Global Ranks in that order. United Kingdom (UK) is at rank 12 and USA is at 19 rank, while China is at 71 rank.
While agreeing that it is difficult to define “Rule of Law”, for the purposes of this survey, World Justice Project uses a working definition of the “rule of law” based on four universal principles, derived from internationally accepted standards. As per this, the rule of law is a system where the following four universal principles are upheld:
- The government and its officials and agents as well as individuals and private entities are accountable under the law.
- The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.
- The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
- Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
In the project report, it is stated that the rule of law affects all of us in our everyday lives. Although we may not be aware of it, the rule of law is profoundly important – and not just to lawyers or judges. It is the foundation for a system of rules to keep us safe, resolve disputes, and enable us to prosper. In fact, every sector of society is a stakeholder in the rule of law.
